10-3735 Torres-Rendon v. Holder

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Immigration
Suspension of deportation

An alien who obtained legal status through a bigamous marriage is not eligible for suspension of deportation.

“Torres-Rendon contends that the stop-time rule does not apply to relief applications under § 244(a)(2), like his own, and that it applies merely under § 244(a)(1).6 This argument is without merit; both the BIA and other courts apply the stop-time rule to all applications for suspension of deportation. In re Nolasco-Tofino, 22 I. & N. Dec. 632, 641 (BIA 1999) (holding that the stop-time rule applies to all suspension of deportation applications generally); see Angel-Ramos v. Reno, 227 F.3d 942 (7th Cir. 2000). While the BIA and other courts defer to Mendoza-Sandino, Torres-Rendon argues that we should follow the split decision in Okeke v. Gonzales, 407 F.3d 585 (3d Cir. 2005). In Okeke, the court held that because the alien lawfully re-entered the United States after committing a controlled substance offense, the continuous physical presence period should recommence. Torres-Rendon contends this rationale should be found applicable to his situation. Even if we were to follow Okeke, which we do not, Torres-Rendon overlooks a key distinguishing factor—that his subsequent entries into the United States were unlawful because he was never a lawful permanent resident, having obtained his status by way of a bigamous marriage.”

Petition Denied.

10-3735 Torres-Rendon v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Bauer, J.

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